Bocanegra v. State

I respectfully dissent from the majority opinion, which affirms the conviction for forgery, a Class C felony. Ind.Code § 35-43-5-2(b) (2006).

Proof of intent to defraud requires a showing that the defendant demonstrated “intent to deceive and thereby work a reliance and injury.” Wendling v. State, 465 N.E.2d 169, 170 (Ind.1984) (emphasis added); see also Diallo v. State, 928 N.E.2d 250, 252 (Ind.Ct.App.2010). With regard to proof of the basic requirement of an intent to deceive, the majority opinion relies heavily on Lohmiller v. State, 884 N.E.2d 903 (Ind.Ct.App.2008), in which a panel of…